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1. On the Plaintiff (Counterclaim Defendant),
A. The Defendant (Counterclaim Plaintiff) receives KRW 10 million from the Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. On September 12, 2013, the Plaintiff entered into a contract to purchase real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant B with KRW 380 million and paid KRW 40 million as the down payment.
B. On October 15, 2013, the Plaintiff and Defendant B drafted an agreement containing the purport that “A seller shall pay KRW 330 million,00,000,000,000,000, out of KRW 340,000,000,000,000,000,000 for the remaining purchase price, at the same time as the name of the building on December 16, 2013. If the seller fails to comply with his/her intention, he/she shall waives the deposit of KRW 10,00,00,000.”
C. On October 15, 2013, Defendant B completed the registration of ownership transfer with regard to the instant real estate as stated in the purport of the claim.
Until now, Defendant B occupies the real estate of this case with ASEAN, and the Plaintiff did not pay 10 million won deposit to Defendant B.
E. The monthly rent from December 16, 2013 for the instant real estate is KRW 795,400.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 17 (including paper numbers), appraiser D's market price appraisal result, the purport of the whole pleadings
2. Determination:
A. (1) The Plaintiff is the owner of the instant real estate, barring any special circumstance, since the instant real estate has been registered for ownership transfer in the Plaintiff’s future.
(2) The Defendants asserted that the Plaintiff did not pay KRW 10 million deposit under the above contract and expressed their intent not to perform the obligations under the above contract to Defendant B by unilaterally notifying Defendant B of his intention to not pay the above contract. Accordingly, Defendant B rescinded the above contract, so the ownership of the instant real estate was against Defendant B. However, the evidence submitted by the Defendants alone is insufficient to acknowledge this, and there is no other evidence to acknowledge that the above contract was rescinded.
(3) Defendant B is above.